Unpaid Overtime Attorney in Los Angeles

Unpaid Overtime Laws in California: A Guide to Your Rights

In California, overtime isn’t just a “bonus”—it is a strictly enforced legal right. Both state and federal laws mandate that when you give extra time to your employer, they must provide extra compensation.

If your employer has ignored these regulations or misclassified your role to avoid paying you, the Mesriani Law Group is ready to fight for your back pay, interest, and penalties.

How is Overtime Calculated in California?

California’s overtime laws are among the most protective in the nation, offering “Daily Overtime” which exceeds the basic federal requirements.

1. Time and a Half (1.5x Your Regular Rate)

You are entitled to 1.5x your regular hourly pay in the following scenarios:

• Over 8 hours worked in a single workday.

• Over 40 hours worked in a single workweek.

• The first 8 hours worked on the 7th consecutive day of a workweek.

2. Double Time (2.0x Your Regular Rate)

California law requires “Double Time” pay for extreme shifts:

• Over 12 hours worked in a single workday.

• Over 8 hours worked on the 7th consecutive day of a workweek.

Who Qualifies for Overtime Pay?

Most workers in California are classified as Non-Exempt, meaning they are entitled to every penny of overtime they earn.

The “Exempt” Misconception

Employers often claim that “salaried” employees don’t get overtime. This is frequently false. To be truly exempt from overtime, you must meet two strict criteria:

1. The Duties Test: Over 50% of your work must be executive, administrative, or professional (making high-level, independent decisions).

2. The Salary Threshold: You must earn a salary that is at least twice the current state minimum wage for full-time employment.

Common Violations: If you are a “Manager” but spend most of your shift performing the same tasks as hourly staff (stocking shelves, cleaning, serving), you may be misclassified and owed years of back pay.

Common Ways Employers Avoid Paying Overtime

Unjust employers use several tactics to “dodge” their financial responsibilities. You may have a claim if your employer:

• Misclassifies you as an Independent Contractor (1099) when you function as an employee.

• Requires “Off-the-Clock” work, such as answering emails after hours or attending mandatory unpaid meetings.

• Averages workweeks, trying to balance a 50-hour week with a 30-hour week to avoid paying a premium.

• Alters timesheets to hide hours worked over the daily or weekly limit.

• Fails to include bonuses or commissions when calculating your “regular rate” for overtime.

How to File an Unpaid Overtime Dispute

If you are owed wages, you shouldn’t navigate the legal system alone. Corporate defense teams are adept at using technicalities to minimize your settlement.

How Mesriani Law Group Protects You

Our Los Angeles overtime attorneys manage every phase of your recovery:

• Discovery: We secure internal documents, digital logs, and testimonials to prove your hours.

• Calculation: We determine the exact amount of back pay, interest, and “liquidated damages” (double pay for malicious violations) you are owed.

• Mediation or Trial: We negotiate for a maximum settlement but are fully prepared to take your case to a civil jury if your employer refuses to pay.

Take Action: Recover Your Lost Wages

You generally have a three-year statute of limitations to file a claim for unpaid overtime in California. Every day you wait is a day your evidence could disappear.